CHAPTER III

THE INTERNATIONAL HUMAN RIGHTS LAW

International human rights law lays down the obligations of Governments to act in certain ways

or to refrain from certain acts, in order to promote and protect human rights and fundamental

freedoms of individuals or groups. One of the great achievements of the United Nations is the

creation of a comprehensive body of human rights law; a universal and internationally protected

code to which all nations can subscribe and all people aspire.

The United has defined a broad range of internationally accepted rights, including civil, cultural,

economic, political and social rights. It has also established mechanisms to promote and

protect these rights and to states in carrying out their responsibilities

The foundations of this body of law are the Charter of the United Nations and the Universal

Declaration of Human Rights, adopted by the General Assembly in 1945 and 1948, respectively.

Since then, the United Nations has gradually expanded human rights law to encompass specific

standards for women, children, and persons with disabilities, minorities and other vulnerable

groups, who now possess rights that protect them from discrimination that had long been

common in many societies.

Fundamental Principles of International Humanitarian Law

1. Principle of Distinctionserto, Prenton

Parties to the conflict shall at all times distinguish between the civilian population and

combatants, and between civilian objects and military objectives and, accordingly, shall direct

their operations only against military objectives.

2. Principle of Proportionality

The actual damage that is caused by attacking a military target must not be larger than the

calculated military advantage.

3. Principle of Military Necessity

The only legitimate objective, which states should endeavor to accomplish during war, is to

weaken the military forces of the enemy; that for this purpose, it is sufficient to disable the

greatest possible number of men,

The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of

human rights. Drafted by representatives with different legal and cultural backgrounds from all regions
of the world, the Declaration was proclaimed by the United Nations General Assembly in

Paris on 10 December 1948 by General Assembly resolution 217 A () as a common standard of

achievements for all peoples and all nations. It sets out, for the first time. fundamental human

rights to be universaly protected.

Since its adoption in 1948, the UDHR has been translated into more than 500 languages: the

most translated document in the world and has inspired the constitutions of many newly

independent States and many new democracies. The UDHR together with the International

Covenant on Cvil and Political Rights and its two Optional Protocols (on the complaints

procedure and on the death penalty) and the Intemational Covenant on Economic, Social and

Cultural Rights and its Optional Protocol form the so-called International 8 of Human Rights

The Universal Declaration of Human Rights is generally agreed to be the bundation of

international human rights low. Adopted in 1948, the UDHR has Inspired a rich body of legally

binding International human rights treaties. It continues to be an inspiration to us all whether in

addressing injustices, in times of conflicts, in societies suffering repression, and in efforts

towards achieving universal enjoyment of human rights.

It represents the universal recognition that basic rights and fundamental freedoms are

inherent to all human beings, inalienable and equally applicable to everyone, and that every one

of us is born free and equal in dignity and rights. Whatever our nationality, place of residence,
gender, national or ethnic origin, colour, language, or any other status, the International

community on December 10 1948 made a commitment to upholding dignity and justice for all.

Foundation for the Future of People

Over the years, the commitment has been translated into law, whether in aced the forms of

treaties, customary International law general principles, regional obb agreements and domestic

law, through which human rights are expressed and nulen guaranteed. Indeed, the UDHR has

inspired more than 80 international human rights treaties and declarations, a great number of

regional human rights conventions, domestic human rights bills, and constitutional provisions,

which together constitute a comprehensive legally binding system for the promotion and

protection of human rights.

Building on the achievements of the UDHR, the International Covenant on Civil and Political

Rights, and the International Covenant on Economic, Social lot and Cultural Rights entered into

force in 1976. The two Covenants have nmdeveloped most of the rights already enshrined in the

UDHR, making them effectively binding on States that have ratified them. They set forth

everyday rights such as the right to life, equality before the law, freedom of expression, the

rights to work, social security and education. Together with the UDHR, the Covenants comprise
the International Bill of Human Rights.